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David Harp Restaurant Management, Inc. v. Cromwell

Appellate Division of the Supreme Court of New York, First Department
May 7, 1992
183 A.D.2d 423 (N.Y. App. Div. 1992)

Opinion

May 7, 1992

Appeal from the Supreme Court, New York County (Irma Vidal Santaella, J.).


Plaintiff's proof shows that public displays of disruptive behavior by defendant against its employees could cause harm to its restaurant patronage. The right to carry on a lawful business without obstruction is a property right, and acts committed without just cause or excuse that interfere with the carrying on of a business constitute an irreparable injury warranting the issuance of an injunction (Tappan Motors v. Waterbury, 65 Misc.2d 514; see also, Barclay's Ice Cream Co. v. Local No. 757, 51 A.D.2d 516, 517, affd 41 N.Y.2d 269, cert denied 436 U.S. 925).

Concur — Murphy, P.J., Milonas, Ellerin, Asch and Rubin, JJ.


Summaries of

David Harp Restaurant Management, Inc. v. Cromwell

Appellate Division of the Supreme Court of New York, First Department
May 7, 1992
183 A.D.2d 423 (N.Y. App. Div. 1992)
Case details for

David Harp Restaurant Management, Inc. v. Cromwell

Case Details

Full title:DAVID HARP RESTAURANT MANAGEMENT, INC., Respondent, v. KATHLEEN A…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 7, 1992

Citations

183 A.D.2d 423 (N.Y. App. Div. 1992)

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